• Preface and Acknowledgments Introduction and Overview: Japanese Law at a Turning Point / Daniel H. Foote Part I. The Legal System and the Law's Processes
• 1. New Knowledge Concerning Japan's Legal System before 1868, Acquired from Japanese Sources by Western Writers since 1963 / Carl Steenstrup
• 2. Criminal Trials in the Early Meiji Era - with Particular Reference to Ukagai / Shirei System / Nobuhiko Kasumi
• 3. Law, Culture, and Conflict: Dispute Resolution in Postwar Japan / Eric A. Feldman
• 4. The Development of an Adversary System in Japanese Civil Procedure / Yasuhei Taniguchi
• 5. The Japanese Judiciary: Maintaining Integrity, Autonomy, and the Public Trust / John O. Haley
• 6. The Rise of the Large Japanese Business Law Firm and Its Prospects for the Future / Yasuharu Nagashima and E. Anthony Zaloom
• 7. The Legislative Dynamic: Evidence from the Deregulation of Financial Services in Japan / Yoshiro Miwa and J. Mark Ramseyer
• 8. Legal Education / Kahei Rokumoto Part II. The Individual, the State, and the Law
• 9. Ongoing Changes in the Infrastructure of a Constitutional System: From "Bureaucracy" to Democracy / Kazuyuki Takahashi
• 10. The Constitution of Japan: "Pacifism" and Mass Media Freedom / Lawrence W. Beer
• 11. Development of the Concepts of Transparency and Accountability in Japanese Administrative Law / Katsuya Uga
• 12. The Politics of Transparency in Japanese Administrative Law / Tom Ginsburg
• 13. The Development of Criminal Law in Japan since 1961 / Koya Matsuo
• 14. Globalization and Japanese Criminal Law / Joseph L. Hoffmann
• 15. Criminal Justice in Japan / David T. Johnson
• 16. Litigation, Administrative Relief, and Political Settlement for Pollution Victime Compensation: Minamata Mercury Poisoning after Fifty Years / Koichiro Kujikura
• 17. Medical Error, Deception, Self-Critical Analysis, and Law's Impact: A Comparative Examination / Robert B. Leflar Part III. The Law and the Economy
• 18. Reexamining Legal Transplants: The Director's Fiduciary Duty in Japanese Corporate Law / Hideki Kanda and Curtis J. Milhaupt
• 19. Japan's "Era of Contract" / Takashi Uchida and Veronica L. Taylor
• 20. From Security to Mobility? Changing Aspects of Japanese Dismissal Law / Ryuichi Yamakawa
• 21. Concentrated Power: The Paradox of Antitrust in Japan / Harry First and Tadashi Shiraishi
• 22. The Changing Roles of the Patent Office and the Courts after Fijitsu / TI / Naoki Koizumi and Toshiko Takenaka
• 23. The Reform of the Japanese Tax System in the Latter Half of the Twentieth Century and into the Twenty-first Century / Hiroshi Kaneko
• 24. Some Observations on the Japanese Tax System at the Beginning of the Twenty-first Century / Christopher H. Hanna
• 25. Insolvency Law for a New Century: Japan's Revised Framework for Economic Failures / Kent Anderson and Makoto Ito Appendix ADan Fenno Henderson: A Tribute / Daniel H. Foote Appendix BSelected Writings of Dan Fenno Henderson / Robert Britt Contributors Index.
• (source: Nielsen Book Data)

This volume explores major developments in Japanese law over the latter half of the twentieth century and looks ahead to the future. Modeled on the classic work Law in Japan: The Legal Order in a Changing Society (1963), edited by Arthur Taylor von Mehren, it features the work of thirty-five leading legal experts on most of the major fields of Japanese law, with special attention to the increasingly important areas of environmental law, health law, intellectual property, and insolvency. The contributors adopt a variety of theoretical approaches, including legal, economic, historical, and socio-legal. As Law and Japan: A Turning Point is the only volume to take inventory of the key areas of Japanese law and their development since the 1960s, it will be an important reference tool and starting point for research on the Japanese legal system. Topics addressed include the legal system (with chapters on legal history, the legal profession, the judiciary, the legislative and political process, and legal education); the individual and the state (with chapters on constitutional law, administrative law, criminal justice, environmental law, and health law); and the economy (with chapters on corporate law, contracts, labor and employment law, antimonopoly law, intellectual property, taxation, and insolvency). Japanese law is in the midst of a watershed period. This book captures the major trends by presenting views on important changes in the field and identifying catalysts for change in the twenty-first century.
(source: Nielsen Book Data)

• Preface and Acknowledgments Introduction and Overview: Japanese Law at a Turning Point / Daniel H. Foote Part I. The Legal System and the Law's Processes
• 1. New Knowledge Concerning Japan's Legal System before 1868, Acquired from Japanese Sources by Western Writers since 1963 / Carl Steenstrup
• 2. Criminal Trials in the Early Meiji Era - with Particular Reference to Ukagai / Shirei System / Nobuhiko Kasumi
• 3. Law, Culture, and Conflict: Dispute Resolution in Postwar Japan / Eric A. Feldman
• 4. The Development of an Adversary System in Japanese Civil Procedure / Yasuhei Taniguchi
• 5. The Japanese Judiciary: Maintaining Integrity, Autonomy, and the Public Trust / John O. Haley
• 6. The Rise of the Large Japanese Business Law Firm and Its Prospects for the Future / Yasuharu Nagashima and E. Anthony Zaloom
• 7. The Legislative Dynamic: Evidence from the Deregulation of Financial Services in Japan / Yoshiro Miwa and J. Mark Ramseyer
• 8. Legal Education / Kahei Rokumoto Part II. The Individual, the State, and the Law
• 9. Ongoing Changes in the Infrastructure of a Constitutional System: From "Bureaucracy" to Democracy / Kazuyuki Takahashi
• 10. The Constitution of Japan: "Pacifism" and Mass Media Freedom / Lawrence W. Beer
• 11. Development of the Concepts of Transparency and Accountability in Japanese Administrative Law / Katsuya Uga
• 12. The Politics of Transparency in Japanese Administrative Law / Tom Ginsburg
• 13. The Development of Criminal Law in Japan since 1961 / Koya Matsuo
• 14. Globalization and Japanese Criminal Law / Joseph L. Hoffmann
• 15. Criminal Justice in Japan / David T. Johnson
• 16. Litigation, Administrative Relief, and Political Settlement for Pollution Victime Compensation: Minamata Mercury Poisoning after Fifty Years / Koichiro Kujikura
• 17. Medical Error, Deception, Self-Critical Analysis, and Law's Impact: A Comparative Examination / Robert B. Leflar Part III. The Law and the Economy
• 18. Reexamining Legal Transplants: The Director's Fiduciary Duty in Japanese Corporate Law / Hideki Kanda and Curtis J. Milhaupt
• 19. Japan's "Era of Contract" / Takashi Uchida and Veronica L. Taylor
• 20. From Security to Mobility? Changing Aspects of Japanese Dismissal Law / Ryuichi Yamakawa
• 21. Concentrated Power: The Paradox of Antitrust in Japan / Harry First and Tadashi Shiraishi
• 22. The Changing Roles of the Patent Office and the Courts after Fijitsu / TI / Naoki Koizumi and Toshiko Takenaka
• 23. The Reform of the Japanese Tax System in the Latter Half of the Twentieth Century and into the Twenty-first Century / Hiroshi Kaneko
• 24. Some Observations on the Japanese Tax System at the Beginning of the Twenty-first Century / Christopher H. Hanna
• 25. Insolvency Law for a New Century: Japan's Revised Framework for Economic Failures / Kent Anderson and Makoto Ito Appendix ADan Fenno Henderson: A Tribute / Daniel H. Foote Appendix BSelected Writings of Dan Fenno Henderson / Robert Britt Contributors Index.
• (source: Nielsen Book Data)

This volume explores major developments in Japanese law over the latter half of the twentieth century and looks ahead to the future. Modeled on the classic work Law in Japan: The Legal Order in a Changing Society (1963), edited by Arthur Taylor von Mehren, it features the work of thirty-five leading legal experts on most of the major fields of Japanese law, with special attention to the increasingly important areas of environmental law, health law, intellectual property, and insolvency. The contributors adopt a variety of theoretical approaches, including legal, economic, historical, and socio-legal. As Law and Japan: A Turning Point is the only volume to take inventory of the key areas of Japanese law and their development since the 1960s, it will be an important reference tool and starting point for research on the Japanese legal system. Topics addressed include the legal system (with chapters on legal history, the legal profession, the judiciary, the legislative and political process, and legal education); the individual and the state (with chapters on constitutional law, administrative law, criminal justice, environmental law, and health law); and the economy (with chapters on corporate law, contracts, labor and employment law, antimonopoly law, intellectual property, taxation, and insolvency). Japanese law is in the midst of a watershed period. This book captures the major trends by presenting views on important changes in the field and identifying catalysts for change in the twenty-first century.
(source: Nielsen Book Data)

• Preface; Acknowledgments; Introduction: 1968;
• 1. The Setting;
• 2. Preliminary Empirics: Methodology and Communist Judges;
• 3. The Effect of Judicial Decisions: Anti-Government Opinions and Electoral Law Disputes;
• 4. Political Disputes: Military, Malapportionment, Injunctions, and Constitutional Law;
• 5. Administrative Disputes: Taxpayers against the Government;
• 6. Criminal Cases: Suspects against the Government;
• 7. Toward a Party-Alternation Theory of Comparative Judicial Independence;
• 8. Conclusions; Appendixes; References; Index.

The role of the U.S. Supreme Court in the aftermath of the 2000 presidential election raised questions in the minds of many Americans about the relationships between judges and political influence; the following years saw equally heated debates over the appropriate role of political ideology in selecting federal judges. Legal scholars have always debated these questionsOCoasking, in effect, how much judicial systems operate on merit and principle and how much they are shaped by politics. The Japanese Constitution, like many others, requires that all judges be independent in the exercise of their conscience and bound only by this Constitution and its laws. Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independenceOCoan idea challenged only occasionally, and most often anecdotally. But in this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether that reputation always holds up to scrutinyOCowhether, and to what extent, the careers of lower court judges can be manipulated to political advantage. On the basis of careful econometric analysis of career data for hundreds of judges, Ramseyer and Rasmusen find that Japanese politics do influence judicial careers, discreetly and indirectly: judges who decide politically charged cases in ways favored by the ruling party enjoy better careers after their decisions than might otherwise be expected, while dissenting judges are more likely to find their careers hampered by assignments to less desirable positions. Ramseyer and Rasmusen's sophisticated yet accessible analysis has much to offer anyone interested in either judicial independence or the application of econometric techniques in the social sciences.".
(source: Nielsen Book Data)
Article 76 of the Japanese Constitution requires that all judges be "independent in the exercise of their conscience and bound only by this Constitution and its laws. Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independence. Only leftists have challenged this, and only occasionally and anecdotally. In this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether (and if so, to what extent) Japanese politicians manipulate the careers of lower court judges to political advantage. One the basis of careful econometric analysis of career data for hundreds of judges, they find that Japanese politicians do influence judicial careers discreetly and indirectly: judges who decide politically charged cases in ways favoured by the ruling party enjoy better careers after their decisions than those who do not. Ramseyer and Rasmusen's sophisticated yet accessible analysis has much to offer anyone interested in judicial independence or the application of econometric techniques in the social sciences.
(source: Nielsen Book Data)

• Preface; Acknowledgments; Introduction: 1968;
• 1. The Setting;
• 2. Preliminary Empirics: Methodology and Communist Judges;
• 3. The Effect of Judicial Decisions: Anti-Government Opinions and Electoral Law Disputes;
• 4. Political Disputes: Military, Malapportionment, Injunctions, and Constitutional Law;
• 5. Administrative Disputes: Taxpayers against the Government;
• 6. Criminal Cases: Suspects against the Government;
• 7. Toward a Party-Alternation Theory of Comparative Judicial Independence;
• 8. Conclusions; Appendixes; References; Index.

Article 76 of the Japanese Constitution requires that all judges be "independent in the exercise of their conscience and bound only by this Constitution and its laws. Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independence. Only leftists have challenged this, and only occasionally and anecdotally. In this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether (and if so, to what extent) Japanese politicians manipulate the careers of lower court judges to political advantage. One the basis of careful econometric analysis of career data for hundreds of judges, they find that Japanese politicians do influence judicial careers discreetly and indirectly: judges who decide politically charged cases in ways favoured by the ruling party enjoy better careers after their decisions than those who do not. Ramseyer and Rasmusen's sophisticated yet accessible analysis has much to offer anyone interested in judicial independence or the application of econometric techniques in the social sciences.
(source: Nielsen Book Data)
The role of the U.S. Supreme Court in the aftermath of the 2000 presidential election raised questions in the minds of many Americans about the relationships between judges and political influence; the following years saw equally heated debates over the appropriate role of political ideology in selecting federal judges. Legal scholars have always debated these questionsOCoasking, in effect, how much judicial systems operate on merit and principle and how much they are shaped by politics. The Japanese Constitution, like many others, requires that all judges be independent in the exercise of their conscience and bound only by this Constitution and its laws. Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independenceOCoan idea challenged only occasionally, and most often anecdotally. But in this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether that reputation always holds up to scrutinyOCowhether, and to what extent, the careers of lower court judges can be manipulated to political advantage. On the basis of careful econometric analysis of career data for hundreds of judges, Ramseyer and Rasmusen find that Japanese politics do influence judicial careers, discreetly and indirectly: judges who decide politically charged cases in ways favored by the ruling party enjoy better careers after their decisions than might otherwise be expected, while dissenting judges are more likely to find their careers hampered by assignments to less desirable positions. Ramseyer and Rasmusen's sophisticated yet accessible analysis has much to offer anyone interested in either judicial independence or the application of econometric techniques in the social sciences.".
(source: Nielsen Book Data)

In this book, Haley argues that the weakness of legal controls throughout Japanese history has assured the development and strength of informal community controls based on custom and consensus to maintain order - an order characterized by remarkable stability with an equally significant degree of autonomy for individuals, communities, and businesses.
(source: Nielsen Book Data)